Recent Blog Posts
What if a Guardian ad Litem Is Assigned to My Child Custody Case?
Many of the most important issues that must be resolved during the divorce process are related to the couple’s children, including parenting time, parental responsibilities, and child support. Often, divorcing parents place their children’s best interests as a high priority, and they may even be willing to work together to agree on a parenting plan without the court’s intervention. However, sometimes child-related issues in a divorce can be much more contentious, and the court may enlist the services of a guardian ad litem (GAL) to ensure that all decisions made are in the best interests of the children. If the court has assigned a guardian ad litem in your divorce, it is important for you to know what to expect.
What Does a Guardian ad Litem Do in Illinois?
How to Make the Most of Your Parenting Time After Divorce in Illinois
After your Illinois divorce, you will most likely be spending less time with your children than you are used to, even if you have been granted the larger share of parenting time. Parents whose time is limited to weekends and the occasional weeknight or special occasion may find the aftermath of a divorce to be especially hard. With these limitations on time with your children, it is even more important to make the most of the time that you do have.
Tips for Quality Parenting Time
As you work to make sure that your parenting time is meaningful and to protect your relationship with your children, here are some suggestions that can help:
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Think carefully about your parenting time schedule. One of the best ways to make the most of your parenting time is to ensure that during the time you have, you are able to focus on your children. This starts with considering your schedule and that of your children and working toward a parenting plan in which you are mostly free from work and other obligations during your scheduled parenting time. You may be able to negotiate the schedule with your spouse or make your case in court for a schedule that preserves your relationship with your children.
How Using a Living Trust to Protect Assets Can Benefit You
Many people associate estate planning with death, and as a result, they often miss out on a truly valuable instrument of asset protection and financial management during their lifetime. A great place to begin learning about and utilizing estate planning is what is known as a “living trust.” This estate planning resource can allow you greater control over the transfer of your assets to your loved ones when the time is right through a mechanism that bypasses the time and expense of probate. To begin benefitting from estate planning, whether through a living trust, a will, or other tools, work with an experienced Illinois estate planning attorney.
Functions of a Living Trust
Unlike a will or a testamentary trust, which become effective only upon your death, a living trust can become effective while you are living. For many, a primary reason to create a living trust is to protect assets from the probate process. This form of lawful asset protection is accomplished when legal ownership of the assets is transferred from you—the “grantor”—to the trust under the control of a “trustee.” The trustee holds the assets in trust for those you who have selected to benefit from them—the “beneficiaries”.
3 Things to Consider Before Getting Remarried in Illinois
Finding a new romantic partner and planning a future together is an important step for many people after the stresses of a divorce, and it has the potential to enrich your life in many ways. However, a remarriage is usually not as simple as a first marriage, and there are important matters that you will need to consider before making the decision to move forward. Your remarriage will not only affect your life, but also the lives of your children and even your ex-spouse.
Important Considerations for a Remarriage
The choice to remarry after divorce is personal, and you and your new partner will certainly have your own considerations that factor into your decision. That said, the following three issues are likely to arise in many remarriages, so it is wise to keep them in mind.
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The effects on spousal maintenance. In Illinois, spousal maintenance payments terminate if the receiving party gets remarried or starts living with a new partner. If you have been receiving spousal support, you should prepare for the effects on your finances when those payments are no longer available. If you are the paying party, however, you should be aware that you may still be expected to pay spousal support even after remarrying.
How Can I Contest a Will in Illinois?
It can be traumatic when the loss of a loved one is coupled with shock and surprise over a will that transfers the estate’s assets in a way that appears inconsistent with the intentions of the deceased testator. If you are dealing with such a scenario in the wake of the loss of your parent, spouse, child, or another close relative, you may have the option to formally contest the validity of the will in question. In doing so, you should work closely with an experienced Illinois wills and trusts attorney.
A Will Must Comply With Applicable State Laws to be Valid
Wills and trusts are serious business. As such, a will must comply with all formalities imposed by state law in order to be regarded as valid. For example, Illinois law requires that a will must be signed by the person whose estate it concerns, who is known as the “testator”. In addition, the testator’s signing of the will must occur in the presence and hearing of two valid witnesses. In most cases, in order to be a valid witness of a will, a person must not be a beneficiary of the will. If you have reason to believe that the will was not created in accordance with these requirements, you may have grounds to contest it.
Complete Estate Planning: Additional Tools You May Wish to Use
A last will and testament can serve as the backbone to any estate plan. It can be used to determine who will become the executor of your estate, who will inherit what, and who will assume guardianship of your children or your pets. But, there are some things that a will cannot do. In some cases, the limitations are set by state laws or federal regulations. However, there are also situations in which additional documents can be used to ensure your final wishes are carried out.
When Incapacitation Precedes Death
Wills are meant to cover what happens after your death, but not all accidents, illnesses, or chronic health conditions lead to immediate death. When incapacitation occurs, whether it is short-term or long-term, physicians will follow standard protocols. If you have wishes that deviate from that standard of care, additional estate planning documents are needed. Examples include:
Careful Estate Planning Can Stop Family Fights Before They Start
It seems that at least a dozen times a year, we hear of families fighting over the distribution of assets of a deceased person’s estate. At first glance, it may seem silly to squabble over such matters, but many underestimate the emotional value that can be placed on a tangible item. Maybe it is that china set used for family holiday dinners that everyone is fighting over. Or, perhaps it is simply easier to focus on the argument than the grief of losing a loved one.
Unfortunately, asset and estate arguments can also damage family relationships. Feelings get hurt. Words are said that are not truly meant. Resentment can live on long after the assets have found their homes. And, a good share of the estate may have been lost while trying to resolve the matter in probate court. Thankfully, careful planning can prevent family arguments before they start, regardless of any underlying issues.
Wills and Trusts – How They Differ
Can Child Support Be Ordered for College Expenses in Illinois?
Laws throughout the United States, including in Illinois, require both of a child’s legal parents to contribute to child support to provide for basic needs until the child reaches the age of 18. However, many children benefit from the financial support of their parents even after they reach adulthood, especially if they want to pursue a college education. In general, parents are not legally required to provide support under these circumstances, but Illinois law does include a provision through which both parents may be ordered to contribute to their children’s college expenses after a divorce or separation.
When Is a Child Eligible for Support for College Expenses?
Parents are, of course, free to make their own arrangements to contribute to their children’s higher education under any circumstances. However, after a divorce or separation, it may be best for a parent to pursue a legally binding order that ensures that both parents contribute. In these cases, an Illinois court will only consider issuing an order if the following criteria are met:
Is a Video Will Legally Binding in Illinois?
Video wills are not a new concept. In fact, they have been around since the early 1980s—basically since video cameras became widely available to the general public. You may have even seen one featured in a show or movie, probably used for dramatic effect. Maybe the owner of the fortune cut someone out of the will at the last minute or made conditions through which an heir might receive their fortune. Are they really legally binding, though? More importantly, should you use one for your estate plan? The following explores this interesting and unique option, and provides some details on how to execute it properly, should you decide this is the right option for you.
Video Wills and Your Family
One of the biggest reasons that individuals decide to read their will on video is because they want to give their family one last memory. For some, it is a way to heal broken bonds. For others, it is a way to comfort from beyond the grave. Whatever your reason, ensure your intentions are pure. No matter how angry or irritated you might be with a member of your family, no matter how distant the two of you might have become, they will still likely grieve losing you. So be sensitive and kind. It will be their last memory of you.
How Long Will I Receive Spousal Support After My Illinois Divorce?
As you contemplate whether to get a divorce, one of your biggest concerns may be your ability to support yourself financially without your spouse’s income, especially if you are a stay-at-home parent or you are out of work for other reasons. In these cases, you may be able to make the case for spousal support as part of your divorce resolution. It is important to understand when spousal support, otherwise known as maintenance or alimony, is awarded and how long it may last so that you can plan accordingly.
When Is Spousal Maintenance Awarded?
If you and your spouse have a legally valid prenuptial or postnuptial agreement that provides for the amount and duration of spousal maintenance in the event of a divorce, you can likely expect the court to honor that agreement. However, in any other case, decisions regarding spousal support are settled at the time of your divorce. You will either need to negotiate for maintenance with your spouse or demonstrate to the court that you have a need for it. Some reasons the court may consider include:
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